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Statement of reasons
- Roch82
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2 years 4 months ago #273291 by Roch82
Statement of reasons was created by Roch82
Hi everyone.
I was awarded PIP through tribunal in June. 2 elements wasn't shown on my award so CAB advised me to ask for a Statement of reasons. I recently received this and my adviser said he couldn't see anything in it to suggest we could take it to the upper tribunal.
In my PIP claim I was awarded only for my mental health, although fibromyalgia was in there too and affecting me. It took 15months to get to tribunal which in that time It had gotten worse.
No idea why it was on my mental health alone but the judge did say to put a change of circumstances in.
I was advised not to put a change of circumstances (deterioration) in untill we had looked at the statement of reason, due to it complicating things.
Now nothing can be done from this the adviser has told me not to do anything untill 1 month after the statement of reasons so they don't class it as me challenging that.?
Is this right?
I also would like some advice about putting in the deterioration change.
Thank you
I was awarded PIP through tribunal in June. 2 elements wasn't shown on my award so CAB advised me to ask for a Statement of reasons. I recently received this and my adviser said he couldn't see anything in it to suggest we could take it to the upper tribunal.
In my PIP claim I was awarded only for my mental health, although fibromyalgia was in there too and affecting me. It took 15months to get to tribunal which in that time It had gotten worse.
No idea why it was on my mental health alone but the judge did say to put a change of circumstances in.
I was advised not to put a change of circumstances (deterioration) in untill we had looked at the statement of reason, due to it complicating things.
Now nothing can be done from this the adviser has told me not to do anything untill 1 month after the statement of reasons so they don't class it as me challenging that.?
Is this right?
I also would like some advice about putting in the deterioration change.
Thank you
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- Gordon
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2 years 4 months ago #273305 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Statement of reasons
Roch
I think your advisor is being overly cautious. The Procedure is as follows.
Your request for a Statement of Reasons was made to the Tribunal Service, the DWP was not involved, they just receive a copy of the SoR.
You have/had one month from the date of the SoR to lodge an appeal to the Upper Tier Tribunal, on advice, you have not pursued this.
A Change of Circumstances would be reported to the DWP the Tribunal Service are not involved, I can't see why this would be treated as anything other than what it is.
Be aware, reporting a Change will result in a full reassessment of your claim, a new PIP2 and almost certainly an assessment, the new Decision should apply from the date you contacted the DWP. Any new Decision creates a new right of appeal.
Gordon
I think your advisor is being overly cautious. The Procedure is as follows.
Your request for a Statement of Reasons was made to the Tribunal Service, the DWP was not involved, they just receive a copy of the SoR.
You have/had one month from the date of the SoR to lodge an appeal to the Upper Tier Tribunal, on advice, you have not pursued this.
A Change of Circumstances would be reported to the DWP the Tribunal Service are not involved, I can't see why this would be treated as anything other than what it is.
Be aware, reporting a Change will result in a full reassessment of your claim, a new PIP2 and almost certainly an assessment, the new Decision should apply from the date you contacted the DWP. Any new Decision creates a new right of appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Roch82
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2 years 4 months ago #273323 by Roch82
Replied by Roch82 on topic Statement of reasons
Thank you for your information. I shall call them tomorrow as I have the whole fibromyalgia illness that needs taking into consideration which is a lot worse since my first application in march 2021.
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